LeShannon Jerome Shelly v. State of Florida

*4LeShannon Jerome Shelly seeks review of the decision of the Fourth District Court of Appeal in Shelly v. State , 199 So.3d 973 (Fla. 4th DCA 2016), on the basis that it expressly and directly conflicts with the decision of this Court in Welch v. State , 992 So.2d 206 (Fla. 2008), on a question of law. The decision below references Moss v. State , 60 So.3d 540 (Fla. 4th DCA 2011), instead of Welch , even though it states that Shelly reinitiated communication after invoking his right to counsel. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

FACTUAL AND PROCEDURAL BACKGROUND

On December…